Background

The State Department for Trade is a Government institution responsible for formulating and coordinating implementation of trade-related policies and strategies to promote economic growth, increase export competitiveness, and attract foreign investments. The State Department also holds the official mandate for trade policy issues and various elements of trade which are undertaken by other Ministries. The State Department is also charged with coordination of all matters relating to the WTO and multilateral trade negotiations and coordinates action on Common Market for Eastern and Southern Africa (COMESA), Continental Free Trade Area (CFTA), Economic Partnership Agreement (EPA), and African Continental Free Trade Area (AfCFTA). The responsibility for ACP-EU Cotonou matters lies with the State Department responsible for Economic Planning while the Ministry responsible for East African Community Affairs coordinates EAC issues. These ministries are responsible for overall coordination of the broad issues but the State Department for Trade remains responsible for the trade elements and undertakes the trade negotiations.

Over the years, the State Department has evolved to adapt to changing economic landscapes and align with national development priorities. In 2013 through Executive Order No.2 revised May 2013, part of the Trade function under domestic trade was executed under the State Department for Commerce and Tourism in the Ministry of East African Affairs, Commerce and Tourism, while external trade was executive through the Ministry of Foreign Affairs and International Trade. Executive Order No. 1 of May 2016 moved amalgamated the domestic and external trade functions under the Ministry of Industrialization, Cooperatives and Enterprise Development and Executive Order No. of 2018 transferred the International Trade for Foreign Affairs while Executive Order No. 2 of February 2018 reverted the whole of Trade to the Ministry of Industrialization, Cooperatives and Enterprise Development. a and In 2020 through Executive Order No. 1 of 14th January, 2020 revised in May, 2020 the function was implemented through the State Department for Trade and Enterprise Development in the Ministry of Industrialization, Trade and Enterprise Development.

The Executive Order No. 2 of 2023 on organisation of the Government of the Republic of Kenya, November 2023 placed the function of trade under the State Department for Trade in the Ministry of Investments, Trade and Industry. Specifically, the functions of State Department for Trade include: Trade Policy; Export Development and Promotion; Promote E-Commerce; Trade Negotiations and Advisory Services; Champion Trade Integration in the COMESA, CFTA, EPA, AfCFTA etc.; Liaising and coordinating with UNCTAD and WTO on Trade Matters; Enforcement of International Trade Laws, Negotiations and Agreements; Protection of Kenyan goods against Dumping and Subsidised imports and recommending of Countervailing Measures; Coordination of Multi-Agency Task Force on the Elimination of Illicit Trade and Counterfeits; Liaison with International Trade bodies for National Development; Management of Weights and Measurement in Trade; Promotion and Regulation of the Wholesale and Retail Trade; and Promotion of Fair-Trade Practices and Consumer Protection.